700.5401 Protective proceedings. Sec. 5401. (1) Upon petition and after notice and hearing in accordance with this part, the court may appoint a conservator or make another protective order for cause as provided in this section. (2) The court may appoint a conservator or make another protective order in relation to a minor’s estate and […]
700.5402 Protective proceedings; jurisdiction. Sec. 5402. After the service of notice in a proceeding seeking a conservator’s appointment or other protective order and until the proceeding’s termination, the court in which the petition is filed has the following jurisdiction: (a) Exclusive jurisdiction to determine the need for a conservator or other protective order until the […]
700.5402a Appointment of conservator or issuance of protection order; conditions; connection of individual to state; factors. Sec. 5402a. (1) The court has jurisdiction over the appointment of a conservator or the issuance of a protective order in relation to an individual’s estate and affairs under this part if any of the following apply: (a) The […]
700.5403 Venue. Sec. 5403. Venue for a proceeding under this part is as follows: (a) In the court at the place in this state where the individual to be protected resides whether or not a guardian has been appointed in another place. (b) If the individual to be protected does not reside in this state, […]
700.5404 Original petition for appointment or protective order. Sec. 5404. (1) The individual to be protected, a person who is interested in the individual’s estate, affairs, or welfare, including a parent, guardian, or custodian, or a person who would be adversely affected by lack of effective management of the individual’s property and business affairs may […]
700.5405 Notice. Sec. 5405. (1) On a petition for a conservator’s appointment or another protective order, the requirements for notice described in section 5311 apply, subject to the following: (a) If the individual to be protected has disappeared or is otherwise situated so as to make personal service of notice impracticable, notice to the individual […]
700.5406 Procedure concerning hearing and order on original petition. Sec. 5406. (1) Upon receipt of a petition for a conservator’s appointment or another protective order because of minority, the court shall set a date for hearing. If, at any time in the proceeding, the court determines that the minor’s interests are or may be inadequately […]
700.5407 Permissible court orders. Sec. 5407. (1) The court shall exercise the authority conferred in this part to encourage the development of maximum self-reliance and independence of a protected individual and shall make protective orders only to the extent necessitated by the protected individual’s mental and adaptive limitations and other conditions warranting the procedure. Accordingly, […]
700.5408 Protective arrangements and single transactions authorized. Sec. 5408. (1) If it is established in a proper proceeding that a basis exists as described in section 5401 for affecting an individual’s property and business affairs, the court, without appointing a conservator, may authorize, direct, or ratify a transaction necessary or desirable to achieve a security, […]
700.5409 Appointment of conservator. Sec. 5409. (1) The court may appoint an individual, a corporation authorized to exercise fiduciary powers, or a professional conservator described in section 5106 to serve as conservator of a protected individual’s estate. The following are entitled to consideration for appointment in the following order of priority: (a) A conservator, guardian […]
700.5410 Bond. Sec. 5410. (1) The court may require a conservator to furnish a bond. If the court determines that the value of cash and property that is readily convertible into cash in the estate and in the conservator’s control exceeds the limit for administering a decedent’s estate under section 3982, adjusted in the manner […]
700.5411 Terms and requirements of bonds. Sec. 5411. (1) The following requirements and provisions apply to a bond required under section 5410: (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other. (b) By executing an approved bond of a conservator, […]
700.5412 Qualification; limitation and procedure with regard to specified assets; consent to jurisdiction. Sec. 5412. (1) Before receiving letters, a conservator must qualify by filing with the appointing court a required bond and a statement of acceptance of the duties of the office. (2) In filing the statement of acceptance, the conservator may exclude from […]
700.5413 Compensation and expenses. Sec. 5413. If not otherwise compensated for services rendered, a visitor, guardian ad litem, attorney, physician, conservator, or special conservator appointed in a protective proceeding, is entitled to reasonable compensation from the estate. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.5414 Death, resignation, or removal of conservator. Sec. 5414. The court may remove a conservator for good cause, upon notice and hearing, or accept a conservator’s resignation. Upon the conservator’s death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor. History: 1998, […]
700.5415 Petitions for orders subsequent to appointment. Sec. 5415. (1) A person interested in the welfare of an individual for whom a conservator is appointed may file a petition in the appointing court for an order to do any of the following: (a) Require bond or security or additional bond or security, or reduce bond. […]
700.5416 General duty of conservator. Sec. 5416. In relation to powers conferred by this part or implicit in the title acquired by virtue of the proceeding, a conservator shall act as a fiduciary and observe the standard of care applicable to a trustee. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.5417 Inventory and records. Sec. 5417. (1) Within 56 days after appointment or within another time period specified by court rule, a conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete […]
700.5418 Accounts. Sec. 5418. (1) A conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise, upon resignation or removal, and at other times as the court directs. On termination of the protected individual’s minority or disability, a conservator shall account to the court or […]
700.5419 Conservators; title by appointment. Sec. 5419. (1) Appointment of a conservator vests in the conservator title as trustee to all of the protected individual’s property, or to the part of that property specified in the order, held at the time of or acquired after the order, including title to property held for the protected […]
